The ruling was made by a tribunal of three retired judges appointed by the Arbitration Foundation of SA, Gautrain spokeswoman Barbara Jensen said in a statement.
Bombela designed and built the Gautrain rapid rail project,
Jensen said the tunnel section between Johannesburg Park Station and E2 (Emergency Shaft Two), and between Rosebank station and the Marlboro portal, was not in accordance with the contract specifications.
“With respect to the tunnel section between Johannesburg Park Station and E2 close to the Wilds in Johannesburg, remedial work must be undertaken by the Bombela Concession Company.”
Jensen said Bombela was not allowed to appeal against the ruling and was expected to present the Gautrain management agency with plans to fix the problem.
Water was seeping into both sections of the tunnel, but the water level between Park station and E2, near Roedean School in Parktown, was far higher than in the rest of the tunnel.
Both problems would be fixed, but Park station would be first. She said this had been a long dispute between the Gauteng provincial government and Bombela.
It started some time around the end of 2010 and the beginning of 2011 when the rail company decided not to open the Johannesburg Park Station section along with the rest of the system.
Jensen could not say whether operations would stop during the process of fixing the problem.
“Closure is not open for discussion yet, until Bombela presents [to us].”
She said the plans should have a minimal effect on commuters.
Efforts to fix the seeping water would start some time next year, she said.